AMMAN — In
March 2021, Defense Order 28 went into effect, suspending the imprisonment of
debtors. The government had implemented the order to mitigate the number of
people detained in rehabilitation facilities during the
COVID-19 pandemic.
اضافة اعلان
As the government begins to reassess its
pandemic-era policies,
Jordan News spoke to legal experts on the
repercussions the repeal of the defense order would have on those it protects,
and whether or not the defense order should be repealed.
According to
House Legal Committee Rapporteur Gazi
Thneibat, speaking to a local media outlet, Defense Order 28 protects an
estimated “135,000 people”.
Another Lower House Legal Committee member, Zaid
Al-Otoum, told
Jordan News that it is important to strike a balance
between applying the law and prioritizing the safety of the community.
Some experts said that in light of the current
economic circumstances and the financial pressure on the public, the government
should find a way to gradually repeal the defense orders to mitigate the harm
to debtors.
For his part, Deputy President of the
Jordanian Bar Association Nasser Kamal said a “balanced stance” should be adopted that
doesn’t prioritize one party’s interests over another, while adding that “it is
unacceptable for creditors’ rights to be deferred any longer.”
Kamal proposed a fund be established that protects
creditors and supports debtors, ensuring both party’s interests are protected.
“Safeguards should be put in place to protect people, rather than impose
orders,” he said.
He also suggested that debtors be given a year to
try to work out a solution with creditors before harsh legal action is taken,
in the interest of the common good.
According to lawyer
Samih Khreis, the only solution
is to gradually repeal defense orders while concurrently exerting mediation
efforts to resolve the issue between creditors and debtors, implying that the
matter will be difficult to resolve on a legal basis without delivering
injustice to one of the parties.
Khreis said Article 22, which stipulates terms for
debtor’s imprisonment, has been in place since Jordan was founded, adding that
there are “hundreds of thousands of creditors” who may be deprived of their
rights because of the COVID-19 pandemic.
“Defense orders
were issued to help combat the pandemic,” Khreis said, adding that while the
prime minister has the authority to issue and repeal defense orders, he does
not have the mandate to issue orders that contradict or cancel existing
legislation.
Khreis noted that a defense order is an administrative
decision that can be appealed before an administrative court, and in the event
that the court believes a certain order is not directly related to the
pandemic, it could be directly and immediately revoked.
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